BHASKAR PARASHARI S O SRI DEO NARAIN PARASHARI Vs. BOARD OF DIRECTORS ALIGARH GRAMIN BANK AND CHAIRMAN ALIGARH GRAMIN BANK

JUDGEMENT

(1.) The petitioner was a Cashier working with the respondent-Bank. On the basis of a complaint made by one Noor Mohammad on 29.9.1987, the respondent-Bank issued a charge sheet to the petitioner on 22.3.1988. The charge against the petitioner was of temporary embezzlement of a certain amount which was said to have been handed over to the petitioner by the complainant and had been deposited by him, not on the date when it was handed over but, on a subsequent date. Relying on the enquiry report, on 19.1.1990, the disciplinary authority passed an order imposing the punishment of removal of the petitioner from service. The appellate authority rejected the appeal of the petitioner on 23.4.1990. Against the said orders, the petitioner preferred Writ Petition No. 13242 of 1990. On the ground that while rejecting the appeal no reasons had been assigned by the appellate authority, this Court allowed the writ petition vide judgment and order dated 17.5.1993. The matter was thus remanded back to the appellate authority for deciding the same afresh by a reasoned order, after giving opportunity of hearing to the petitioner. By order dated 14.2.1994 the appellate authority again rejected the representation/appeal of the petitioner on the same grounds by which the earlier appeal had been rejected. Aggrieved by the said order of the appellate authority, the petitioner filed Writ Petition No. 15263 of 1994. By judgment and order dated 26.4.2004, this Court again allowed the writ petition. After summarizing the contentions of the petitioner, for the second time, the matter was remanded back to the appellate authority to be decided afresh. The relevant concluding paragraphs of the judgment and order dated 26.4.2004 passed in Writ Petition No. 15263 of 1994 are quoted below:

(2.) After the decision of the aforesaid writ petition, the petitioner submitted his representation before the appellate authority, alongwith the copy of the judgment. By the letter dated 10.9.2004, the decision of the Board of Directors (appellate authority) dated 23.7.2004 was communicated to the petitioner, whereby the appeal of the petitioner had again been rejected. The punishment imposed on the petitioner was "REMOVAL FROM SERVICES WHICH SHALL NOT BE A DISQUALIFICATION FOR FUTURE EMPLOYMENT". Aggrieved by the aforesaid orders of the respondent-Bank, the petitioner has filed this writ petition with the following prayers:

(3.) I have heard Sri Rakesh Bahadur, learned counsel for the petitioner and Sri J.N. Tiwari, Senior Counsel assisted by Sri A.K. Saxena, learned counsel appearing for the respondent-Bank and have perusal the record.